Terms and Conditions
General Terms and Conditions of Sale, effective from 20/06/2023.
INTRODUCTION
This notice is provided for the website https://evolutionbikes.it/ (Website).
Seller details: Bikilia S.r.l. - STRADA STATALE 85 Venafrana 230, 86079 Venafro IS
Article 1 Scope of application
1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Website.
1.2 Where the Website allows you to enter your tax code when making a purchase, doing so means that you are acting as a Consumer within the meaning of Article 3, paragraph I, point a) of the Consumer Code (Legislative Decree 6 September 2005, No. 206). Please note that a Consumer is a natural person acting for purposes outside any business, commercial, professional or craft activity they may carry out. If, instead, you are given the option of entering a VAT number (your own or that of a legal entity), this means that you are purchasing as a "Trader" within the meaning of Article 3, paragraph I, point c) of the Consumer Code. A Trader is a natural or legal person acting in the course of their business, commercial, craft or professional activity, or an intermediary acting on their behalf. The implications of purchasing as a Consumer or as a Trader are described later in this document.
1.3 The time limits stated are understood to be working days, excluding Saturdays, Sundays and national public holidays. The images and descriptions on the Website are for guidance only. Colours may differ from the actual colours due to the settings of the IT systems or computers you use to view them.
1.4 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new terms will take effect upon publication on the Website. You are therefore invited to visit the Website regularly and consult the latest version of the General Terms and Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is submitted.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may appear on the Website through links, banners or other hyperlinks. Before entering into commercial transactions with such parties, you must check their terms and conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not check and/or monitor the websites accessible through such links. The Seller is therefore not responsible for the content of those websites or for any errors and/or omissions and/or breaches of the law by those websites
1.7 You must carefully read these General Terms and Conditions of Sale and all other information provided by the Seller on the Website, including during the purchasing process.
1.8 Under no circumstances may the Seller be held liable to you or to third parties for any indirect, incidental, special or consequential damage. This includes, by way of example, any loss of earnings or other indirect loss resulting from the use of the Website or the inability to use it. The Seller cannot guarantee or state: (i) that the Website is free from viruses or programs that may damage data; (ii) that the information contained on the Website is accurate, complete and up to date.
1.9 Unless otherwise agreed with the Seller, orders on the Website cannot be placed by email. The Seller does not accept orders by telephone unless otherwise agreed with the customer.
1.10 All elements of the Website are the property of the Seller or third parties. Without the Seller's specific written consent, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or part of the Website's content.
Article 2 Purchases on the Website
2.1 To make purchases on the Website, you must follow the procedure provided on the Website itself, entering the information requested at each stage. The sales contract is concluded when the order reaches the Seller's server.
2.2 You undertake to inform the Seller immediately if you suspect or become aware of any misuse or unauthorised disclosure of any information you have entered on the Website.
2.3 You warrant that the personal information provided is complete and truthful and undertake to indemnify and hold the Seller harmless against any damage, liability for compensation and/or penalty arising from and/or in any way connected with a breach of this undertaking. You undertake to inform the Seller immediately if you suspect or become aware of any misuse or unauthorised disclosure of your Website login credentials.
2.4 The Seller reserves the right to refuse orders from users who have previously breached these General Terms and Conditions of Sale or any legal provision.
2.5 You do not need to accept these General Terms and Conditions of Sale to place orders on the Website. In any event, submitting a purchase order constitutes acceptance of this document.
2.6 The Seller is the sole contracting party of the user who intends to purchase one or more products through the Website and is therefore (i) the party to whom the user submits their order in order to accept the offer and conclude the sales contract; (ii) the party that assumes the pre-contractual obligations towards the user arising from the offer; (iii) the party that concludes the sales contract with the user, assuming the associated obligations and rights. The purchase contract entered into through the Website is therefore concluded between the user and the Seller.
2.7 On the Website and in communications with customers relating to the Website, the Seller reserves the right to operate under its trading name. Therefore, where the Seller's trading name or the first person plural ("We") is used on the Website and/or in communications with customers relating to the Website, the reference shall be understood to refer to both the Website and the Seller.
2.8 The Seller does not guarantee that the Website will be functioning and operational at all times. Updates to the CMS platform may occur which could result in a temporary suspension of the service. The Seller accepts no liability for any loss or damage that the user may suffer as a result.
2.9 Following your purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) the Seller's details; (ii) the characteristics of the Product purchased; (iii) the purchase price and any taxes; (iv) any additional charges; (v) the right of withdrawal or its exclusion; (vi) the shipping address; (vii) the payment method used.
2.10 The colours of the Products shown on the Website are indicative and may depend on the resolution of the device used by the user. The Seller accepts no liability if the colour of the Product differs from the user's expectations. Users are invited to contact the Seller if they have any doubts about the colour of one or more Products on the Website.
Article 3 Product Availability
3.1 The Products offered on the Website are available in limited quantities. It may therefore happen, including because several users may purchase the same Product at the same time, that the Product ordered is no longer available after the purchase order has been submitted.
3.2 Information on Product availability is provided on the Website. Product availability is continuously monitored and updated. However, as several users may visit the Website at the same time, several users may purchase the same Product at the same moment. In such cases, the Product may therefore appear available for a short period even though it is out of stock or not immediately available and must be restocked.
3.3 You will be informed if the Product ordered is unavailable. In this case, you will be entitled to terminate the purchase contract. However, please bear in mind that before you request termination of the contract, the Seller reserves the right to take the following measures:
- Where restocking is possible, an extension of the delivery period offered by the Seller, indicating the new delivery deadline.
3.4 If a refund is requested for an amount paid to purchase Products that subsequently prove to be unavailable, the Seller will issue the refund within a maximum of 2 days.
3.5 If you exercise your right to terminate, the contract is terminated. If payment has already been made of the total amount due, consisting of the Product price, shipping costs, where applicable, and any other additional costs, as shown in the order (Total Amount Due), the Seller will refund the Total Amount Due in accordance with the provisions of the article entitled “Payment Methods” below.
Article 4 Prices
4.1 Prices on the Website include IVA.
4.2 Furthermore, prices on the Website do not include the WEEE contribution, as the Products sold are not subject to the relevant regulations.
4.3 The Seller reserves the right to change Product prices at any time without notice, it being understood that the price charged to you will be the price shown on the Website when the order is placed, and that any changes (increases or decreases) after the order has been submitted will not be taken into account.
4.4 You are responsible for the shipping costs of the Products, unless otherwise specified.
4.5 The Seller will dispatch the Products only after receiving confirmation that payment has been authorised or that the Total Amount Due has been credited. Ownership of the Products will pass to you upon dispatch, understood as the moment when the Product is handed over to the carrier. The risk of loss of or damage to the Products for reasons not attributable to the Seller will, however, pass to you when you, or a third party designated by you other than the carrier, take physical possession of the Products.
4.6 The purchase contract is subject to termination in the event of non-payment of the Total Amount Due. Unless otherwise agreed with you in writing, the order will consequently be cancelled.
4.7 If there is an error in the Product price shown on the Website, the Seller reserves the right to inform the customer of the correct price even after the purchase order has been concluded. In this situation, the customer may accept the new price or terminate the purchase contract. The Seller may also cancel the Product purchase contract in these cases. The Seller may also cancel the sale if there is an error regarding Product availability.
Article 5 Payment Methods
5.1 This article describes the payment methods available on the Website. Users may contact the Seller for further information in any case.
5.2 You can make purchases on the Website using payment cards. Your card will only be charged after (i) the details of the payment card used have been verified and (ii) the issuer of your payment card has authorised the charge. In accordance with Directive 2015/2366/ (UE) on payment services in the internal market (PSD2), users are informed that they may be required to complete the purchase process by meeting the authentication criteria required by the payment institution responsible for processing the online payment. The authentication criteria relate to the user's identity (to meet this criterion, the user must be registered on the Website when making the purchase) and their knowledge, at that time, of the authentication code sent by the payment institution (Strong Customer Authentication). Failure to complete the process described above may make it impossible to finalise the purchase on the Website. Confidential payment card details (card number, cardholder, expiry date, security code) are encrypted and sent directly to the payment processor without passing through the servers used by the Seller. The Seller therefore never has access to or stores the details of the payment card used to pay for the Products, even if you choose to save these details on the Website. Accepted payment cards can be viewed in the Website footer and/or during the purchase process.
- Visa.
- MasterCard.
- American Express.
- ApplePay.
- Shopify Payments.
- Google Pay.
- Maestro.
- UnionPay.
5.3 You can pay by bank transfer on the Website. Bank details are displayed on the Website. If payment is not made within 3 calendar days, the Seller reserves the right to cancel the purchase order.
5.4 Cash on delivery is not available for purchases on the Website unless otherwise agreed with the Seller.
5.5 You can complete purchases on the Website by entering discount codes, coupons or vouchers. If the value of the discount code is less than the order total, the remaining amount can be paid using the payment methods available on the Website. Each discount code can be used for one purchase only. Discount vouchers cannot be exchanged for cash under any circumstances.
5.6 Any alternative methods other than those listed above are or will be described in this article.
You can also make purchases on the Website using PayPal. If you choose PayPal as your payment method, you will be redirected to www.paypal.it, where you will make the payment according to the procedure established and governed by PayPal and the contractual terms and conditions agreed between you and PayPal. Details entered on the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with the Seller. The Seller therefore cannot access and does not store in any way the details of the payment card linked to your PayPal account or the details of any other payment instrument connected to that account.
You can also make purchases on the Website using financing at TAN and an APR of 0% offered by Deutsche Bank in partnership with Scalapay. With Deutsche Bank, you can finance the full amount of the item purchased. Financing can range from 10 to 20 months for amounts from 1.500€ to 15.000€. Approval takes a few hours, and the first instalment will be charged after 30 days. The terms of use of this service are governed directly by Deutsche Bank. Further information is available at www.dbeasy.it.
You can make purchases on the Website using the "PayPal Later" payment method. This allows you to pay for the Service in 3 interest-free instalments. The terms of use of this service are governed directly by PayPal. Further information is available at www.paypal.com.
You can also make purchases on the Website using HeyLight's instalment payment solution. This service is provided by Compass Banca S.p.A., with a sole shareholder, under the management and coordination of Mediobanca S.p.A., Mediobanca Group VAT No. IVA. HeyLight offers deferred payment in 20 interest-free monthly instalments for purchases from 400 € to 5000 €. Payments are debited from a current account or charged to a credit or debit card (prepaid cards are not accepted). With HeyLight, you buy what you want and pay a little at a time without interest, with the first instalment due after 30 days. The application for deferred payment is subject to the outcome of checks by Compass Banca S.p.A. Further information is available at https://heylight.com/
You can also make purchases on the Website using the deferred payment service Scalapay 3 instalments, which makes the product available immediately and allows payment in 3 equal instalments, from a minimum of 5€ up to a maximum of 2000€. The service has no additional costs if payments are made by the due date. For all terms and conditions, please visit www.scalapay.com.
5.7 In accordance with Legislative Decree No. 26 of 7 March 2023, the prices published on the Website have not been personalised on the basis of automated decisions. The prices displayed on the Website are therefore not influenced by the consumer's previous behaviour.
5.8 When a price is reduced, for technical reasons the Website is unable to indicate the lowest price applied to consumers in general during the 30 days before the price reduction. For further information about price change policies, please contact the Seller using the contact details provided in the Introduction.
5.9 If, for any reason, the Seller needs to issue any type of refund to you for the purchase of one or more Products, the Seller will issue the refund using the same payment method used by the user. Any delays in the refund may depend on the bank, the type of credit card or the payment solution used.
Article 6 Delivery of Products
6.1 Products can be delivered to all countries listed at checkout, except those subject to sanctions. The user may always contact the Seller for further information about Product delivery, for example to find out whether delivery may be available to countries other than those listed on the Website.
6.2 The delivery obligation is fulfilled by transferring physical possession or control of the Product to you.
6.3 Product delivery time from submission of the order: shown in working days on the Shipping page and, with the expected dates for the delivery country, on each product page and in the basket (for example, for Italy, from 2 to 4 working days for products available in the Casapulla shop and from 6 to 8 working days for those in the European warehouse).
6.4 The period specified in Article 6.3 is indicative and is not a binding deadline. The Seller therefore reserves the right to deliver the Products within 30 days of submission of the order. You are responsible for checking the condition of the delivered Product. The risk of loss of or damage to the Product for reasons not attributable to the Seller transfers when you, or a third party designated by you other than the carrier, take physical possession of the Product. The Seller recommends that you check the number of Products received and that the packaging is intact, undamaged, dry and otherwise unaltered, including its seals and closures. In your own interest, you are invited to record any irregularities on the carrier's delivery document, accepting the parcel subject to reservations. If the packaging shows obvious signs of tampering or alteration, you should promptly notify the Seller.
6.5 Regarding the option of requesting delivery of the Products to a "collection point", the Seller informs you that the Website does not offer the option of collecting the Product from a "collection point" other than the address you provided during the purchase process. You are nevertheless invited to check the Website regularly to see whether this delivery option subsequently becomes available.
6.6 You may choose Collection in Store as your delivery method. If the user chooses Collection in Store, they may collect the purchased Product from the retail outlet ("Store") they selected from those listed on the Website as available for collection, where applicable. The Seller will inform the user as soon as the Product is ready for collection. The user may collect the Product during the Store's opening hours and days. To collect the Product, the user or their authorised representative must provide Store staff with suitable documentation confirming the purchase.
Article 7 Right of withdrawal
7.1 The user is invited to read this article particularly carefully, as it governs the right of withdrawal and its exclusions.
7.2 The right of withdrawal is the Consumer's right to cancel the purchase contract without having to give a reason. If you purchased as a Business Customer, the right of withdrawal does not apply unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full.
- For subsequent purchases, you are invited to read this article to check for exclusions from the right of withdrawal that may apply, for example, following an explicit declaration waiving this right, if you choose to purchase a product by paying in instalments under a linked credit agreement.
7.3 If you are a Consumer (and none of the exceptions provided for in this article applies), you have the right to withdraw from the Product purchase contract without giving any reason and without incurring any costs other than those provided for in this article, within fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:
- in the case of an order for a single Product, from the day on which you or a third party designated by you, other than the carrier, take physical possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day on which you or a third party designated by you, other than the carrier, take physical possession of the last Product; or
- in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party designated by you, other than the carrier, take physical possession of the last lot or piece.
The Customer, even when acting as a consumer, unconditionally waives the right of withdrawal when ordering made-to-measure products online or when choosing to purchase by paying in instalments or under a linked credit agreement, thereby knowingly declaring that they waive their right to change their mind. The declaration of waiver will be clearly highlighted to the customer at checkout, in the “payment methods” section, when they select a payment method that entails their declaration waiving the right of withdrawal.
7.4 To exercise your right of withdrawal, you must inform the Seller of your decision to withdraw before the Withdrawal Period expires. To do so, you may write to the Seller using the contact details provided in the Preamble, or use the contact form, if available on the Website. You have exercised your right of withdrawal within the Withdrawal Period if you send the notification concerning the exercise of that right before the Withdrawal Period expires.
7.5 Unless otherwise agreed, the Consumer bears the direct costs of returning the Products, as well as responsibility for their transport. If the right of withdrawal is exercised, the Product must be delivered to the Seller's premises or to another address communicated by the Seller.
7.6 Where withdrawal applies, the Seller will refund the Total Amount Due, including delivery costs, where applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. If the Products have been dispatched using a carrier chosen by the Consumer and at the Consumer's expense, the Seller may withhold the refund until the Products have been received or until the Consumer has provided evidence of having sent the Products back, whichever is earlier.
7.7 The Consumer is liable only for any diminished value of the goods resulting from handling the Product beyond what is necessary to establish its nature, characteristics and functioning. The Product must in any event be stored, handled and inspected with ordinary care and returned intact, complete in all its parts, fully functioning, accompanied by all accessories and instruction leaflets, with any identification tags, labels and single-use seal still attached to the Product, intact and untampered with, and fully suitable for its intended use and free from signs of wear or dirt. Withdrawal also applies to the Product in its entirety. It therefore cannot be exercised in relation to parts and/or accessories of the Product.
7.8 If the Product for which the right of withdrawal has been exercised has diminished in value as a result of handling beyond what is necessary to establish its nature, characteristics and functioning, the Seller reserves the right to deduct an amount equal to that diminished value from the refund. The Seller will notify you of this circumstance and the resulting reduced refund amount and, if the refund has already been paid, provide bank details for payment of the amount owed by the user as a result of the Product's diminished value. If the right of withdrawal has not been exercised in accordance with the applicable legislation, it will not result in termination of the contract and, consequently, will not entitle you to any refund.
7.9 This article governs a very important matter concerning return costs in the event of withdrawal. In light of the above, the Seller considers it appropriate to highlight that you will bear the costs and responsibility for returning the Product.
The Products must be returned to the address indicated in the "Seller Details" section of the Preamble or to the address communicated by the Seller on each occasion.
For the general terms of the returns policy, please refer to the page https://evolutionbikes.it/pages/condizioni-generali
Article 8 Statutory Guarantee of Conformity
8.1 The Statutory Guarantee of Conformity is reserved for the Consumer. It therefore applies only to users who have made a purchase on the Website for purposes unrelated to any business, commercial, craft or professional activity they may carry out.
8.2 The Seller is liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years of delivery. Any action to enforce rights in respect of defects that have not been fraudulently concealed by the Seller is, in any event, subject to a limitation period of twenty-six months from delivery of the goods. For refurbished/used products, you agree that the statutory guarantee of conformity provided for by the Consumer Code will last 12 months. Your consent is expressed by accepting these General Terms and Conditions of Sale. This provision applies only if you have purchased as a Consumer.
8.3 Unless proven otherwise, any lack of conformity that becomes apparent within twelve months of delivery of the Product is presumed to have existed on that date, unless this presumption is incompatible with the nature of the Product or the nature of the lack of conformity. From the twelfth month following delivery of the Product, the Consumer will instead bear the burden of proving that the lack of conformity already existed at the time of delivery.
8.4 In the event of a lack of conformity of the goods, the Consumer is entitled to have conformity restored, to receive a proportionate price reduction, or to terminate the contract under the conditions set out in Article 135-bis and subsequent articles of the Consumer Code.
8.5 The Seller is not liable for damage of any kind arising from improper use of the Product and/or use that does not comply with the manufacturer's instructions, or for damage arising from unforeseeable circumstances or force majeure.
8.6 If you made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the statutory warranty is governed by Articles 1490 et seq. of the Italian Civil Code; in particular, any defects must be reported within 8 days of discovery, and any legal action is time-barred after 1 year from delivery.
Art. 9 Manufacturer's Warranty
The Manufacturer's Warranty is an additional warranty supplementing any Statutory Guarantee of Conformity provided by the Seller for the Products. Depending on their nature, Products sold on the Website may be covered by a commercial warranty issued by the manufacturer (Commercial Warranty). You may enforce this warranty only against the manufacturer. The duration, scope, including geographical coverage, terms and procedures for making a claim, types of damage/defects covered and any limitations of the Commercial Warranty depend on the individual manufacturer. The Commercial Warranty is voluntary and does not replace, limit, prejudice or exclude the Statutory Guarantee.
Art. 10 Applicable law and jurisdiction; out-of-court dispute resolution - Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded through the Website are governed by these General Terms and Conditions of Sale and, for any matters not covered, by the Italian Consumer Code.
10.2 Please note that, for Consumer users, the courts of the place where the user resides or has elected domicile have jurisdiction over any dispute relating to the application, performance and interpretation of this document. For professional users, the courts of the place where the Seller has its registered office, as specified in the Preamble, have jurisdiction over any dispute relating to the application, performance and interpretation of this document.
10.3 The Seller informs users who qualify as Consumers that, if they have submitted a complaint directly to the Seller and it has not been possible to resolve the resulting dispute, the Seller will provide information about the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to use these bodies to resolve the dispute.
10.4 The Seller also informs users who qualify as Consumers that a European platform has been established for the online resolution of consumer disputes (the so-called ODR platform). The ODR platform can be accessed at the following address: http://ec.europa.eu/consumers/odr. Through the ODR platform, Consumer users can consult the list of ADR bodies, find the link to each body's website and initiate an online procedure to resolve a dispute in which they are involved.
10.5 In all cases, Consumer users retain the right to bring a dispute arising from these General Terms and Conditions of Sale before the competent ordinary court, regardless of the outcome of the out-of-court consumer dispute resolution procedure conducted under the procedures referred to in Part V, Title II-bis of the Consumer Code.
Users residing in a Member State of the European Union other than Italy may also, for any dispute relating to the application, performance and interpretation of these General Terms and Conditions of Sale, use the European small claims procedure established by Council Regulation (CE) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed Euro 5.000,00, excluding interest, fees and expenses. The text of the Regulation is available on the website http://www.eur-lex.europa.eu.
Art. 11 Customer service
11.1 You can request information, send communications, request assistance or submit complaints by contacting the Seller using the contact details given in the Preamble, or by using the contact form, if available on the Website.
11.2 The Seller responds within an indicative period of 1 days.
Art. 12 Reviews
12.1 In accordance with Legislative Decree No. 26 of 7 March 2023, the Website allows users to publish reviews. The Seller guarantees that published reviews come from consumers who have actually purchased or used the Product. This is because, after making a purchase on the Website, the user receives an email requesting that they publish a review on the Website. Therefore, since the email is received only after a purchase, it is reasonable to consider that the corresponding review relates to an actual purchasing experience on the Website by the user. Some reviews published on the Website may have been solicited, for example by sending a discount voucher. In such cases, this circumstance is duly indicated on the solicited review. Reviews arising from sponsorships or a relationship with a professional (e.g. an influencer) may also be published; this circumstance is also duly disclosed on the relevant review.
12.2 The tool used to publish reviews is TrustedShops, provided by Trusted Shops AG. . For more information about this tool, please visit www.business.trustedshops.com.
Article 13 Miscellaneous
13.1 This document governs the entire relationship between you and the Seller. The rights and obligations provided for by the law applicable from time to time remain unaffected in all cases.